The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-01-20
The Indiana Anarchy.


John Marshall has made his decision said
Andrew Jackson: .let him execute it,"
This observation of sOld Hickory had reia-
ton TO the decision of the Supreme Court on the
question Of the removal of the government de-
posiis from the national bank. The executive
determined that the deposits should be removed,
and they were removed. The bank applied to
the court for judicial decree OF some sort to
prevent the removal Of the deposits, or TO annul
the action of the executive, and the court made
its decision" The decision of the court was not
executed.
That was the earliest or among the earliest
cases that could be cited proving experimental!y
| thatthe decision of questions within the bounds
| of the political and the executive parts of the
Constitution is not in the faculty power Of the
| judiciary.
| The decision that has been entered by local
| Judge in Indianapolis is the latest of that
| sort There is rather startling likeness be-
| tween it and the decision that was tersely
criticised by "Old Hickory" A vacancy APP
peared in the sinecure called Lieutenant-gov-
| ernor, and the question of filing that vacancy
was TO be decided. The only law the subject
was found in these provisions of the Indiana
| charter: That sthe Governor and Lieutenant
| governor shall be elected at the times and
places of choosing members of the General
| Assembly," that the official period of both shall
| commence the second Monday of January,
| 1853, and the same day every fourth year there
AFTER" that the General Assembly shall pro-
vide by Law for the CASE of the disappearance Of
| "both the Governor and Lieutenant governor
| and that contested elections for Governor and
| acknowledgements shall be determined by the
General Assembly" The General Assembly
| neglected to provide by law for the case of the
| vanishment of both the Governor and his
lieutenant; but that was not the case
| that emerged in Indiana. The Governor
was and still is visible. The Lieutenant
governor alone disappeared by his promo
ton to a moro lucrative place il the pa-
tional service when less than two years of his
term had expired. The time for choosing mem
bers OF the General Assembly was approaching
and the question arose: Shall Lieutenant
governor to fill the vacancy until the next cleo
tion of Governor be elected2 In the absence of
any positive law on the subject, the executive,
upon the advice of the law department decided
that question by ordering an election. Then the
electors ratified that decision by electing. Then
the General Assembly, pursuant to the express
mandate of the charter canvassed the returns
and decided that Mr.. Robertson was duly
elected. But at this juncturs. judicial magnate
was asked to annul these decisions by the ex-
ecutive, the electorate and the General Assem-
bly,, and decide tho contrary of them by q de-
cree in chancery. And he did it-that il. he
assumed to do it. Well might the political
power of Indiana say, in the words of Presden,
Jackson: "Mr. - giving the name OF the
iudge) has made the decision; let him execute
itD
How will the judiciary proceed to execute this
extra judicial decision2 Even with the partisan
executive now assisting partisan judge in hi
attempt to annul the executive decision, how will
both together be able to annul the political de